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THIRTY-SECOND SPECIAL SESSIONOEA/Ser.P
March 15, 2006AG/RES. 1 (XXXII-E/06)
Washington, D.C.15March 2006
Original: Spanish
AG/RES. 1 (XXXII-E/06)
STATUTES OF THE INTER-AMERICAN DEFENSE BOARD
(Adopted at the first plenary session held on March 15, 2006)
THE GENERAL ASEMBLY,
HAVING SEEN the report of the Permanent Council on the juridical and institutional link between the Organization of American States and the Inter-American Defense Board [AG/doc. 8 (XXXII-E/06)]; and
CONSIDERING:
That the Inter-American Defense Board (“IADB” or “the Board”) was created in 1942 by a resolution of the Third Meeting of Consultation of Ministers of Foreign Affairs of the American Republics, and subsequently strengthened by resolutions VII and XXXIV of the Ninth International Conference of American States, the same Conference that gave birth to the OAS and its 1948 Charter, as well as by resolution III of the Fourth Meeting of Consultation of Ministers of Foreign Affairs, adopted in 1951;
That the Board and the Organization of American States (“OAS” or “the Organization”) share common objectives under the OAS Charter and respect for the principle of civilian oversight of the armed forces within the context of representative democracy;
That, in resolution AG/RES.1240 (XXIII-O/93), the General Assembly reiterated “the need to define the legal-institutional relationship between the Inter-American Defense Board and the Organization of American States”;
That, in resolution AG/RES.1848 (XXXII-O/02), the General Assembly instructed the Permanent Council “to examine the relationship between the OAS and the IADB and make recommendations to the General Assembly and the IADB for modifying the IADB’s structure and basic instruments to the extent necessary to clarify and obtain consensus on its status with respect to the OAS, including the principle of civilian oversight and the democratic formation of its authorities”;
That, in its resolutions AG/RES.1908 (XXXII-O/02) and AG/RES.1940 (XXXIII-O/03), the General Assembly established a working group to study and make recommendations related to modernizing and changing the IADB and defining its juridical link with the OAS;
That, in resolution AG/RES.1998 (XXXIV-O/04), the General Assembly requested the Permanent Council to “conclude its analysis and discussions on the juridical and institutional link between the OAS and the Inter-American Defense Board”;
That, in resolution AG/RES.2117 (XXXV-O/05), the General Assembly took note of “the analysis and discussions on the juridical and institutional link between the OAS and the Inter-American Defense Board (IADB), especially in connection with the nature, purpose, and functions of the IADB, as reflected in the report of the Chair of the Committee on Hemispheric Security (CP/CSH-721/05)” and requested the Permanent Council to conclude, through the Committee on Hemispheric Security, “the analysis and its discussions on the topic, and to prepare and approve, by no later than December 31, 2005, ad referendum of the General Assembly, a statute for the IADB to replace its current regulations and amend its basic structure and its relationship with the OAS”;
That the “Declaration on Security in the Americas”, adopted by the OAS member states at the Special Conference on Security held in Mexico City in October 2003, reiterates in paragraph 49 “the need to clarify the juridical and institutional relationship between the Inter-American Defense Board (“IADB”) and the OAS” and similarly urges the Permanent Council to make specific proposals to the General Assembly for that purpose;
That the General Assembly is the supreme organ of the Organization authorized under Article 54 of the Charter to “decide the general action and policy of the Organization, determine the structure and functions of its organs …” and “… establish measures for coordinating the activities of the organs, agencies, and entities of the Organization among themselves, and such activities with those of the other institutions of the inter-American system”;
That Article 53 of the OAS Charter includes among the organs of the OAS “entities” that “may be established in addition to those provided for in the Charter and in accordance with the provisions thereof”; and
BEARING IN MIND that the Permanent Council, at its meeting of March 1, 2006, approved ad referendum of the General Assembly, by resolution CP/RES.900 (1532/06), the Statutes of the Inter-American Defense Board,
RESOLVES:
- To establish the Inter-American Defense Board (IADB) as an “entity” of the Organization under Article 53 of the OAS Charter; and to adopt the following Statutes:
STATUTES OF THE
INTER-AMERICAN DEFENSE BOARD
CHAPTER I
NATURE, PURPOSE, AND FUNCTIONS
Article 1.Nature
1.1The Inter-American Defense Board (“IADB”) is an entity of the Organization of American States (“OAS”) established under the last paragraph of Article 53 of the OAS Charter.
1.2The IADB enjoys technical autonomy incarrying out the purpose and functionscontained in these Statutes, taking into accountthe mandates of the OAS General Assembly, the OAS Meeting of Consultation of Ministers of Foreign Affairs (“Meeting of Consultation”), and the OAS Permanent Council, within their respective areas of competence.
1.3The IADB embodies in its structure and its operations the principles of civilian oversight and the subordination of military institutions to civilian authority, in keeping with Article 4 of the Inter-American Democratic Charter, as well as the principle of democratic formation of its authorities, to assure consistency with the democratic values of its member states and their participation on an equal basis.
Article 2.Purpose
2.1The purpose of the IADB is to provide the OAS and its member states with technical and educational advice and consultancy services on matters related to military and defense issues in the Hemisphere in order to contribute to the fulfillment of the OAS Charter.
2.2In carrying out its purpose, the IADB shall take into account the needs of the smaller states, whose level of vulnerability is greater in the face of traditional threats and of new threats, concerns, and other challenges.
Article 3.Functions
The IADB shall have the following specific functions:
a.To provide technical and educational advice and consultancy services on matters related to military and defense issues to:
- The OAS organs and the dependencies of the General Secretariat, upon their request; and
- The OAS member states upon their request, informing the OAS Permanent Council beforehand, through the Committee on Hemispheric Security, of the content of the request and reporting subsequently to the said Committee on the results of the assistance provided by the IADB;
b.To offer to military officers and civilian officials from the OAS member states, through its Inter-American Defense College in Washington, D.C., advanced academic courses on matters related to military and defense issues, the inter-American system, and related disciplines;
c.To promote interaction and cooperation between and among ranking civilian officials and military officers from the OAS member states on matters related to military and defense issues;
d.To provide OAS member states with technical advisory services on comprehensive mine action in the Hemisphere, including cooperation with the OAS General Secretariat;
e.To provide OAS member states with technical advisory services in the management, security, and destruction of weapon stockpiles;
f.To provide OAS member states with technical advisory services in developing national defense doctrine and policy papers (“White Papers”);
g.To provide OAS member states with technical advisory services in developing other studies and papers on matters within the competence of the IADB;
h.To provide OAS member states with technical advisory services in the development of transparency measures and confidence- and security-building measures;
i.To maintain, for the OAS, updated inventories of confidence- and security-building measures both in the Hemisphere and in other regions, as well as an electronic database of the information contained in those inventories; and to prepare, when requested, studies on such measures and draft guidelines for the standardized presentation of reports on the application of such measures by member states;
j.To promote interaction and cooperation with other regional and global organizations of a similar nature related to technical aspects of military and defense issues;
k.To provide OAS member states with technical advice and consultancy services for relief and humanitarian assistance in the case of disasters; and
l.To provide OAS member states with technical advice and consultancy services for search and rescue.
CHAPTER II
PARTICIPATION
Article 4.Members
4.1Upon submission of a written request for membership to the Chair of the IADB Council of Delegates (“the Chair”), any OAS member state shall become a member state (“member”) of the IADB.
4.2The right to participate as a member in the IADB may be suspended under the following circumstances:
a.Application by the OAS General Assembly of Article 9 of the OAS Charter; and
b.Application by the OAS General Assembly of Article 21 of the Inter-American Democratic Charter.
4.3A suspended member shall not be taken into account for purposes of determining quorum and necessary voting majorities for the Council of Delegates; nor shall officials from suspended members be eligible to serve as elected officers of the IADB.
4.4A member may withdraw from the IADB with one year’s advance written notice to the Chair and, upon the effective date of withdrawal, membership in the IADB will cease. Similarly, the membership in the IADB of any member state that withdraws from the OAS shall cease upon the effective date of that withdrawal.
4.5A member that has been suspended under Article 4.2 shall be reinstated once the suspension by the OAS General Assembly has been lifted, and a member that has voluntarily withdrawn may request reinstatement as a new member under Article 4.1.
Article 5.Permanent Observers
5.1Upon submission of a written request to the Chair, any OAS member state which is not an IADB member and which has not been suspended from the OAS or the IADB, as well as any permanent observer to the OAS, shall become a permanent observer to the IADB.
5.2Any other member state of the United Nations may request permanent observer status from the IADB, in accordance with requirements and procedures established by the Council of Delegates, and subject to the approval of the OAS Permanent Council.
5.3Permanent observers may attend the meetings of the Council of Delegates and may enjoy such other additional privileges that the Council of Delegates may extend to them. They shall not, however, speak at the meetings of the Council of Delegates without the permission of the Chair.
Article 6.Other Observers
6.1The Secretary General of the OAS or his/her representative, and the representatives of the other OAS organs may participate as observers in the meetings of the Council of Delegates.
6.2Member states of the United Nations that are neither OAS member states nor permanent observers and other regional and global public international organizations with interests and functions similar to those of the IADB, including, but not limited to, those in the United Nations system, may participate as observers in particular IADB meetings and other activities sponsored by the IADB.
6.3The following agencies, entities, and organizations may also participate as observers in IADB meetings and activities:
a.Other agencies and entities of member states of the United Nations, except for those agencies and entities whose headquarters or principal activity is in a territory over which there exists a sovereignty dispute between an OAS member state and a state outside the American Hemisphere.
b.Civil society organizations, except for those organizations whose headquarters or principal activity is in a territory over which there exists a sovereignty dispute between an OAS member state and a state outside the American Hemisphere.
6.4Those states, agencies, and other entities wishing to participate as observers in a particular meeting or activity shall request it in writing from the Chair of the Council of Delegates within 30 days prior to the meeting or activity or within such other lesser period as may be determined by the Council of Delegates in its Rules of Procedure. In each case, the Chair will decide on the request, upon consultation with the members of the Council of Delegates.
6.5Observers may attend the meeting or activity in which they wish to participate.However, they may speak only at the invitation of the Chair or other presiding official, as the case may be.
Article 7.Experts and Other Guests
7.1The Chair, upon consultation with the members, may invite experts and other guests to participate in the meetings of the Council of Delegates and other activities of the IADB.
7.2Experts and other guests shall participate in accordance with the terms of their invitation in each case; however, under no circumstances shall they be entitled to speak without the permission of the Chair.
Article 8.Costs
The IADB may request permanent observers, other observers, experts, and other guests to defray the costs associated with their participation, including, but not limited to, the costs of translating, reproducing, and distributing their documents to other participants.
CHAPTER III
STRUCTURE
Article 9.Organs
The IADB shall have the following organs:
- The Council of Delegates;
- The Secretariat; and
- The Inter-American Defense College (“IADC”).
CHAPTER IV
COUNCIL OF DELEGATES
Article 10.Purpose
The Council of Delegates (“the Council”) is the highest representative body of the IADB established to:
a.Develop and adopt the policies, activities, and directives of the IADB, within the directives established by the OAS General Assembly, the OAS Meeting of Consultation, and the OAS Permanent Council; and
b.Oversee the implementation of those policies, activities, and directives by the IADB’s Secretariat and the IADC.
Article 11.Functions
The Council shall have the following functions:
- Establish the policies and strategic objectives of the IADB within the directives and limitations established in these Statutes and the resolutions of the OAS General Assembly, the OAS Meeting of Consultation, and the OAS Permanent Council;
- Analyze and approve the annual budget of the IADB; prepare, for submission to the OAS Secretary General, the IADB’s annual proposal for an appropriation from the OAS program-budget; and approve measures for financing the IADB’s activities;
- Oversee, analyze, and evaluate the implementation of the IADB’s projects and activities;
- Issue directives and operational guidelines to the Director General and to the IADC Director;
- Approve the academic programs of the IADC based on the recommendations of the IADC Director and academic advisors consulted for that purpose;
- Oversee the management of all resources entrusted to the IADB;
- Adopt Rules of Procedure of the Council, as well as staff rules and financial rules of the IADB;
- Reinstate members that so request, in accordance with Article 4.5 of these Statutes;
- Elect and remove its Chair and other officers of the IADB, as provided in these Statutes and in the Rules of Procedure of the Council;
- Propose to the OAS Permanent Council, for adoption by the OAS General Assembly, amendments to these Statutes;
- Report to the OAS General Assembly annually on the IADB’s activities in accordance with directives established by the OAS General Assembly;
- Establish committees, subcommittees, working groups, and other subsidiary organs to assist it in carrying out its functions;
- Establish directives for cooperation agreements between the IADB and other regional and global organizations on matters related to military and defense issues; and
- Perform such other tasks as specified under these Statutes or as may be assigned by the OAS General Assembly, the OAS Meeting of Consultation, or the OAS Permanent Council.
Article 12.Delegations
12.1The Council shall be composed of delegations from each member, led by a chief of delegation. Each member shall have the right to one vote in the Council’s meetings.
12.2Chiefs of delegation shall be appointed by their respective governments.
12.3Chiefs of delegation should preferably be high-ranking officers or civilian officials having knowledge of matters related to military and defense issues.
12.4Chiefs of delegation represent their respective governments in the IADB through their participation in meetings of the Council and other IADB activities.
12.5Chiefs of delegation are the official liaisons between the IADB and their respective governments, and between the IADB and their respective permanent representatives to the OAS.
12.6Each member may appoint to its delegation alternate delegates, advisors, and other personnel. Alternate delegates should have knowledge of matters related to military and defense issues and, in the absence of the chief of delegation, shall be authorized to represent that member at Council meetings and other IADB meetings and activities.
12.7Each member shall, through its Ministry of Foreign Affairs, accredit its chief of delegation and other members of its delegation by presenting credentials to the Chair.
12.8Delegates and other members of delegations may not hold staff positions in the organs of the IADB; however, they may participate in committees, subcommittees, working groups, and other subsidiary organs as may be constituted by the Council or its Chair.
Article 13.Meetings
13.1Regular and special meetings: The Council shall hold regular and special meetings for the purpose of taking decisions necessary for carrying out its functions. These meetings shall be convened by the Chair or by the Vice-Chair in the absence of the Chair.Minutes must be taken and distributed to the members. Unless otherwise stated herein, voting and debate at these meetings shall proceed in accordance with the Council’s Rules of Procedure.
a.Regular meetings shall be convened at intervals specified in the Council’s Rules of Procedure or as otherwise established in a schedule of meetings approved by the Council.The Council shall also hold a regular meeting once a year for the principal purpose of commemorating the anniversary of the IADB.